Terms of Use

Welcome to Live Well Sports. Our website is https://livewellsports.com/. Please read these terms of use (“Terms”) carefully before using the Website. These Terms govern and apply to all persons who access and use (“Users” or “You”) the Live Well Sports website and related services (“Website,” “App,” or “Services”). Live Well Sports is a trademark and Service of Live Well Stores, Inc. (“Live Well Stores” or “We”).These Terms are a contract between the Users and Live Well Stores, Inc. These Terms apply only to your use of the Live Well Sports Services, and do not apply to any other service unless otherwise indicated. By accessing or using the Services, You acknowledge that You have read these Terms, understand them, and agree to be bound by the Terms and Conditions described herein, including Live Well Sports’ Privacy Policy. If You do not agree to all of these Terms and Conditions, please do not use our Services.

Rules and Conduct of Users

1. User must be at least 18 years or older to use these Services.
2. User is responsible for any activities, including purchases, that occur under their account.
3. User is responsible for conduct and any data, text, information, screen names, and profiles ("Content") that are submitted to the Website or App.
4. User is responsible for securing account password and assumes liability for all activity and damage resulting from misplaced passwords.
5. User may not use the Services for any illegal or unauthorized purpose.
6. User may not impersonate another person or represent itself as affiliated with Live Well Sports’ staff.

This list is an example and is not intended to be complete or exclusive. Live Well Stores does not have an obligation to monitor your access to or use of the Services or to review or edit any information provided by the User. However, we have the right to do so for the purposes of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

General Terms

1. You may not copy, modify or create derivative works of any Content on the Website or App, unless expressly authorized by Live Well Stores.
2. You may not disassemble, decompile, or reverse-engineer Live Well Sports or modify another website, application, or product offering so as to falsely imply that it is associated with Live Well Sports.
3. You may not transmit any worms or viruses or any code of a destructive nature.
4. You may not, in the use of the Services, violate any laws in your jurisdiction.
5. You may not access Live Well Sports' private API by any means other than the official Services.
6. You may not access or try to access non-public areas of the Service, our computer systems, or the technical delivery systems employed by our Service.
7. You may not use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, crawl, scrape, or otherwise index any portion of the site or any content from Live Well Sports including but not limited to posted items, User profiles, names, addresses, email addresses, and photos.
8. Violation of this agreement can result in the termination of your Live Well Sports account. You also agree to indemnify and hold Live Well Stores harmless as indicated in the indemnification section below.

General Conditions

1.We reserve the right to refuse service to anyone, for any reason, at any time.
2.In the event of any inaccuracy or typographical error relating to an item’s description, price, offer, photograph, or availability, Live Well Stores reserves the right to update, change, or cancel the order.

Return Policy

We strive to provide accurate descriptions and photographs of the items. However, we are not responsible for colors that vary from one screen to another of any digital device. By purchasing an item, User agrees to our return policies, has read the full description, and viewed all available photographs. If You have any additional questions about an item, please contact us through our Website or directly at customerservice@livewellsports.com before purchasing. You can also call our product specialists at (866) 377-0772, and we would be happy to answer any questions.

Terms and Conditions for Returns:

1. Returns of most products can be made for any reason and within 30 days of purchase, unless otherwise stated on the product page. The returned product must be in brand new, unused, and resalable condition in the original packaging. Any returns made after 30 days of purchase will not be accepted. The returned item must be in the possession of the receiving warehouse within 30 days for the return to be made within the 30-day deadline. The Return Merchandise Authorization (RMA) will specify to whom You should return the product.
2. Returns are entitled to a refund. However, items marked “Final Sale” or similarly marked items are not eligible for return. Some items, such as customized or made-to-order products, also have a No Return policy. Review any such disclaimers on the product page.
3. Incorrect Shipment: If in the unlikely instance that we send You an item You did not order and You choose not to have the correct item sent, we will issue You a full refund, including shipping costs via the method You made payment. You must return the incorrect item to us by using the return shipping label that we provide to you; You will not be charged for returning the incorrect item to us.
4. Otherwise, the return process is as follows: For all returns, You must request a Return Merchandise Authorization (RMA) by contacting customerservice@livewellsports.com.
5. You must wait for receipt of the RMA, which can be requested by email. There is no guarantee that your return will be processed if any returned items are shipped without an RMA. The address on the original shipping label may not be the proper location for return processing. Live Well Stores is not responsible for any losses due to an item being shipped to an unapproved location without an approved RMA.
6. Returned items must be brand new and in unused condition, and they must be accompanied with any original purchase order receipt that came with the item and shipment. Returns will be refused for any items that have been opened, used, and/or if the item is in a different condition than how it was sent. We will inspect returns and we reserve the right to deny any item request based on the returned condition. If the return is rejected based on the returned condition, You have two options:
a. We can ship the item back to You if You pay for outgoing shipping, or
b. We will otherwise keep the returned item if You decline to pay for outgoing shipping. However, You will not be entitled to a refund.
7. Repackaging: You are responsible for repacking any returned item in its original packaging if available or in a manner in which damage to the item will not occur. Live Well Stores is not responsible for any costs incurred with repackaging, and if Live Well Stores determines the item was damaged because it was insufficiently or incorrectly repackaged, we reserve the right to refuse the item, or to deduct the cost of damage (up to full price of the item) due to insufficient or incorrect repackaging.
8. If Live Well Stores approves your return, You will be issued a refund. Refunds cannot be made until the receiving warehouse receives and processes the return. Outgoing and return shipping charges will be deducted from the return amount for all returns, unless otherwise specified. Some products carry a restocking fee (typically up to 20%) or in some cases may not be returned at all. Any return restrictions or applicable restocking fees are stated directly on the product page. For any unapproved returns, no refund will be issued, and You will be responsible for both outgoing and return shipping costs. Live Well Stores is not responsible for any lost, damaged, or stolen items during the return shipping.
9. Damaged Products or Missing Parts: We strive to package our products properly. If your order is damaged during shipment, defective, or missing parts, please email customerservice@livewellsports.com with a clear image of the damaged or defective product or a description of the missing parts within 30 days of your order. We will ship You replacement parts immediately where possible.
a. In the rare case where a product cannot be repaired, You will not be responsible for shipping charges nor any restocking fees. Please email customerservice@livewellsports.com for a Return Merchandise Number.
10. Lost Shipments: A refund cannot be made for lost shipments until an investigation by the shipping or freight company is complete. A refund for lost shipments is contingent upon the decision of the shipping or freight company. After we receive verification that your package was lost, we can issue You either a replacement at no additional cost or a full refund.
11. Product Warranties and Workmanship: Any warranty issues are to be handled by the product manufacturer, subject to their warranty terms listed on the product page. If the warranty information is not provided on the product page, You are responsible for educating yourself through other means of the warranty before using the product. When You require repairs that must be done directly from the manufacturer, we may be able to assist You in speaking with the product manufacturer directly to resolve product issues. You may return any products within our standard 30-day return policy. All warranty issues beyond 30 days are subject to each individual manufacturer’s policies. Live Well Stores does not make any guarantees of workmanship or minimum warranty period.
12. If You and Live Well Stores agree to a refund, store credit, or complimentary product or service, You agree to accept the product as is and to waive any further claims.

Credit Card Charges

Upon placing an order, payment must be made by available payment options, including payment by credit card. At our discretion, Live Well Stores will charge your credit card immediately upon receipt of your order to expedite the shipping process.

Order Screening

Some orders may be subject to fraud or address verification screening, which may cause delay in processing these orders. Some verification requirements, such as a verification call to customer service, may be requested by email or phone.

Pricing, Image, and Product Description

Live Well Stores is not responsible for pricing or product description discrepancies, including incorrect images.

Pricing changes from time to time. In the case of incorrect pricing, we will refund your purchase immediately if we are unable to fill your order. We make every effort to ensure accurate pricing at all times. However, we may not be able to honor your order at a lower price.

On some product pages, images show multiple items. Please refer to the product’s description to determine which items are included in the order. The product name and description describe the product, not the image. Items shown in the image for decorative, display, or other purposes do not indicate that those items are included with the purchase.

There may be some products that are one-of-a-kind or unique items. Such items may be unique in color, size, and construction. These items are noted on the product page as one-of-a-kind or unique or a synonymous term. We cannot guarantee a specific color, size, or construction when products are noted as such. In the event that You return a one-of-a-kind or unique item, outgoing shipping fees, return shipping fees, and applicable restocking fees are deducted from the refund amount.

Discounts and Price Matching

Live Well Sports offers occasional discounts and promotional offers. Such advertised discounts and offers may not be applicable to certain brands or products and are subject to change at any time.
At our discretion, Live Well Stores will match prices from authorized dealers. A price will be matched only from major online retailers. The price to be matched must include the shipping incurred when shipping and all extra costs are calculated into the purchase. The product must be in stock and ready to ship from the Retailer. Any incorrect or unauthorized pricing may not be matched. We reserve the right to refuse to match pricing and not lose money on any given order.
To submit a price match request, please contact us.

Backorders

We make every attempt to ensure products You order from Live Well Sports are ready to ship within the stated timeframe, but occasionally products will be on backorder. We will contact You immediately with the estimated timeframe. In order to hold a backordered item, You must place an order by using a valid method of payment, such as a credit card. Your credit card is only charged when the product is confirmed as available for shipment. However, if You decide to cancel a backordered item, your credit card will not be charged. Under no circumstances does Live Well Stores make any guarantees about the availability of a backordered item.

Shipping

Once shipment has been processed, we can no longer change or cancel an order in any way, including changing the address originally supplied with order.

Shipping Timeframe

Each product page lists the expected shipping turnaround time or the expected ship date. Shipping turnaround time is the expected number of business days (excluding holidays) from date of order to date order leaves warehouse, not including the day of order. Examples:

Usually ships within 1 to 3 business days
Usually ships within 3 to 5 business days
Expected to ship around June 3, 2016 to June 5, 2016

Your estimated arrival date will vary depending on your location, location of shipping warehouse, shipping method (UPS, FedEx, USPS, or freight carrier), and other factors, such as weather and vendor operational delays. Please note that if your contact information is incorrect or if You are unreachable by phone, this may further delay shipments.

Standard delivery does not guarantee arrival by a specific date, even if specified by freight or shipping companies. Please contact us or call us at (866) 377-0772 if You would like us to arrange guaranteed delivery. If so, notification will be made by email, which will explicitly state the arrival is GUARANTEED by a specific date.

Some items may require additional information to be provided, in order to process your order. We will contact you by email to request any additional information required, which may result in additional processing time if a response is not received in a timely manner.

Domestic and International Shipping

We ship products to the 50 U.S. states and the U.S. territories.

Currently, we do not allow online checkout to a non-U.S. address. If you would like for a product to be shipped to an international destination, please contact us and we may be able to help You. Otherwise, You may have the product sent to a U.S. location, after which You will be responsible for arranging transport to an international location.

Free Shipping

All orders over $75 on Live Well Sports ship FREE within the lower 48 U.S. States. Products shipped to Hawaii, Alaska, or U.S. territories are not eligible for free shipping. Live Well Sports’ shipping policy is subject to change. All orders under $75 ship for a flat rate of $9.95 for your entire order within the lower 48 U.S. States. Please contact us for a shipping quote to Hawaii, Alaska, or any U.S. territory.

Standard Shipping

Products are usually shipped by UPS Ground or FedEx Ground shipping for a flat rate of $9.95. Products may occasionally be shipped by other carriers, such as USPS or DHL. Warehouse turnaround time from order date to shipment date for each product is listed on every product page.

Please allow up to 5 to 7 business days from time of shipment to receive your package. A tracking number will be sent to You when your order has shipped. If You purchase multiple products, You may receive products in separate shipments, though we will attempt to ship products together whenever possible. A signature may be required for delivery, depending on the value of the product.

We ship orders to the address You provide at checkout. Any additional cost for upgraded shipping is the buyer’s responsibility.

Some addresses may not qualify for free shipping, usually to locations that are difficult to reach. If your shipping address does not qualify for free shipping, we will contact you by email for an alternative business address or more accessible shipping address. If you do not have an alternative address, You may choose to cancel the order or pay additional shipping fees for delivery.

Expedited Shipping

If You require expedited shipping, please contact us or call us at (866) 377-0772. Your order can be shipped using a faster delivery service, for an additional charge.

Freight

Large or bulky products must ship by freight truck (LTL).

You are required to provide a phone number for all orders that must be shipped by freight. The carrier will contact You to arrange delivery. If customer cannot take delivery immediately or the customer cannot be reached due to incorrect contact information or other reasons, freight carrier may charge storage fees. Customer is responsible for payment of these fees. If shipment is returned due to no fault of Live Well Stores, customer is responsible for return fees.

You are responsible for removal of the product from the truck, unless an upgraded freight option is purchased. We recommend having friends or family to help. Usually, there is only one freight driver with your delivery, and it is up to the discretion and capability of the driver whether they can help You with transport further. A liftgate may be included at our expense for very heavy items, but this is solely at our discretion. Cost of any additional services added at the time of delivery with customer's approval are responsibility of the customer and may be charged to customer's payment method on file.

Some residential locations may not be accessible by freight truck, such as narrow roads, unpaved roads, steep roads, or particularly winding roads. In such cases, You would have to: a) meet the truck driver at an accessible location, b) pick up the delivery at a local freight terminal, or c) pay additional fees for delivery to your driveway or front door.

When You receive your delivery by freight truck, please inspect the box and inside contents to ensure there is no damage. In the rare case there is damage to the inside contents, please sign for the board as Damaged and make note of the damages on the Bill of Lading. If necessary, we will arrange for a replacement to be sent to You at no additional cost. The delivered items MUST be signed for as Damaged, otherwise a claim for a replacement or refund cannot be placed.

In the event of damage to your freight shipment, we may first consider the option to repair the item. If the item is not repairable may the option for a replacement be considered. Refunds may be issued at Live Well Stores’ discretion. However, You must note any and all damages on the shipping bill, in order for us to issue a repair, replacement, or refund. Refer to the Return Policy for more guidelines.

Depending on freight carrier, your location, and the location of the warehouse, freight by LTL make take up to 3 weeks. Please contact us if You have any questions about transit time.

If You live in an apartment or condo building, have any number of stairs, or difficult to deliver locations, please contact us if You would like to arrange for inside delivery, white glove delivery service, or installation options.

Please note: shipping weights and dimensions provided by manufacturers are often approximate. Actual shipping costs will be calculated at the time of forwarding. If you would like to speak to someone at Live Well Sports about receiving a more accurate quote, please contact customerservice@livewellsports.com or call us at (866) 377-0772.

Assembly / Installation

Products You purchase may require assembly, unless otherwise stated on the product page. Some items require professional assembly, particularly large equipment items. Assembly or installation services are not included in the sale price, unless otherwise stated on the product page. For assembly or installation questions or quotes, please contact us.

Live Well Rewards MEMBERSHIP TERMS AND CONDITIONS

Live Well Stores reserves the right at its sole discretion to modify, suspend or cancel any Live Well Rewards account, without notice, for any conduct that We, in our sole discretion, believe is in violation of acceptable usage of our Live Well Rewards. We also reserve the right to revoke rewards points if we feel the member has tried to abuse the Live Well Rewards in any way.

These terms and conditions govern the Live Well Rewards (“Live Well Rewards”), and members of the Live Well Rewards will earn points in connection with the purchase of online products that are promotional credits redeemable for a limited time towards the purchase of other products online. To the extent Live Well Sports products are available at brick-and-mortar retail establishments or third party sites, such products are not currently eligible for accumulation of points.

Free Membership

No purchase is necessary to obtain membership in the Live Well Rewards, but you must establish an account at https://livewellsports.com/. Please see our Privacy Policy, to understand how information you provide us will be used. This program is void where prohibited.

Eligibility

In order to be eligible for the Live Well Rewards, you must create an account as outlined in these Terms and Conditions. You may create an account if you are at least eighteen (18) years of age, have Internet access, and have a U.S. Resident mailing address.

If you choose to create an account, you are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your account. You are responsible for keeping such information current, complete, accurate, and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all terms and conditions provided herein, and to the extent you do not have such authority you agree to be bound by these terms and conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.

You may only have one member account per natural person. Persons who are discovered to have more than one account forfeit their points and will be unsubscribed from the Live Well Rewards.

Privacy

One of our top priorities is making sure our website visitors' personal information is safe. Please review our Privacy Policy. By participating in the program, you are agreeing to Live Well Stores’ collection and use of your personal information and acknowledge that you have read and accepted our Privacy Policy.

How To Enroll in Live Well Rewards

(a) Create an account: Visit https://livewellsports.com/ (the "Site" or "Online") and become a registered user of the Site. Click here to be taken directly to the registration page. You will be asked for your first and last name, your email address, and a password. You will also be given the option to sign up for our newsletter. Once you have submitted the requisite information, you will be sent an email to the address you listed confirming your membership.

(b) Add your mailing information: once you have created your account, you will be asked to add a mailing address for billing and for shipping. Once you have added your mailing address, you are automatically enrolled in the Live Well Rewards, and are a member (“Member”).

How to Access/Change Your Member Information

You must keep your personal information on your account up-to-date. To do so, click on the "Reward Points" section and access your account by entering your registered email address and current password. From your dashboard you can access your account information, review your current and past orders, change your profile, and add, delete, and manage your tags.

How to Cancel Your Membership

You may cancel your account at any time. To cancel your account, please send an email to customerservice@livewellsports.com and write “cancel membership” in the subject line. The email must come from the account currently listed on our servers as being associated with your Live Well Stores Account. If you no longer have access to that email address, please call our customer service department and we will verify your status and cancel your account. Upon cancellation, you are no longer a member and any unused points accrued in your account will be forfeited and cannot be redeemed. Points maintain their value only on valid accounts in good standing, and except as otherwise provided here for redemption, have no cash value outside of their redemption value on the Site.

Limitation of Liability

By entering into the Live Well Rewards, participants release and hold Live Well Stores, any affiliated companies, and employees from any and all liability of any injuries, loss or damage of any kind arising from or in connection with this Live Well Rewards or acceptance or use of any points given. No responsibility is assumed for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, or service provider/Internet/website/use net accessibility or availability, traffic congestion, or unauthorized human intervention. Though the above causes are not exhaustive, changes to the same can be made at the sole discretion of Live Well Stores as and when required without giving notice or any form of communication to Live Well Rewards members as individuals or groups.

Many Rewards Points and What Kind of Promotional Credit Do You Earn When You Order?

Three (3) rewards points, equivalent to 3% of every full dollar spent on products (based on the purchase price minus any discounts given), will be awarded to the Live Well Rewards member in the form of a Promotional Credit that will only be available for a limited time. No rewards points will be awarded for partial dollars or shipping costs. You can earn rewards on any product purchased from Live Well Sports. You may also use rewards points to purchase any product.

Redemption of points towards purchases of products is subject to product availability.

Points and Promotional Credit Expire

Rewards points and Promotional Credit awarded will expire 60 days after the date of the purchase at Live Well Sports that generated those Rewards points and Promotional Credit. An email will be sent to notify you about expiring points unless you have chosen to opt-out of email communications.

Gift cards

Once available, points cannot be used towards the purchase of gift cards. Gift card redemption, however, is eligible for points. Points accrued pursuant to the use of a gift card will benefit the gift card user, provided the user has an account in accordance with these terms and conditions.

Returns

Points earned for a purchase that is then the subject of a return, refund, declined credit card or gift card, or other credit will be deducted from your account in an amount equal to the points earned for the original transaction, including any bonus points that may be applicable. If a return will cause your account to have a negative point balance, you will not begin earning points again until your points balance is returned to zero (0), by making purchases, or engaging in other promotional activities offered from time to time.

Referral Rewards

You can earn 1000 Rewards Points for every friend you refer, who then makes a purchase at Live Well Sports. A "referral" is defined as a person who does not have an account with Live Well Stores who joins the Live Well Rewards using your referral ID or referral link or a person who has not ordered at Live Well Sports before and places their first order using your referral ID or referral link.

Additional Rewards Discount Offers

Provided the individual Live Well Rewards member's email settings do not prevent him or her from participating in the Live Well Rewards, he/she will also be entitled to receive additional, exclusive point offerings and offers available only to the Live Well Rewards members.

General Conditions

Website visitors who create a Live Well Stores account will be entered automatically into the Live Well Rewards. There is a limit of 1 account per person. Reward points cannot be exchanged for cash. Further, by accepting the reward points, each Live Well Rewards member agrees to release and hold harmless Live Well Stores, its licensees, affiliates, subsidiaries, merchant partners, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, use or misuse of the rewards discounts or participation in any Live Well Sports Rewards Program-related activity.

This Live Well Rewards is void where prohibited by law. Live Well Stores reserves the right, at its sole discretion, to terminate the Live Well Rewards at any time without notice. In addition, Live Well Stores reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Live Well Sports Live Well Rewards; to be in violation of the Terms of Use of the website, to be acting in violation of the sites Policies and Procedures; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the program at the actual time of entry will be deemed to be the user and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider or other organization, which is responsible for assigning email, addresses or the domain associated with the submitted email address. Live Well Stores will prosecute any fraudulent activities to the full extent of the law.

If you have any questions regarding these terms and conditions, please contact us.

Copyright

By using our Services, Users acknowledge that our Website and App contain photographs, descriptions, information, data, typefaces, graphics, and other materials that are protected by copyright and trademark law, including all associated intellectual property rights. Users may not, in whole or in part: copy, modify, delete, add to, remove, publish, transmit, augment, transfer, create derivative works, sell, or participate in the sale or transfer of, or in any other way exploit any of the content featured on our Website or App. Any content featured on our Website or App may not be used under any circumstances without prior written consent from Live Well Stores.

You may, however, view, copy, print, and distribute these materials subject to the following conditions:

1. the materials may be used for internal informational purposes only;
2. any copy of these materials or any portion thereof must include the above copyright notice; and
3. Live Well Stores may revoke or modify any of the foregoing rights at any time.

Copyright Complaints

If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please see our DMCA Notice Policy.

DMCA notice—Notice and Procedure for making claims of copyright infringement:

It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable. This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to the Live Well Sports Site as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Live Well Sports’ copyright agent the written information specified below. Please note that this form is solely for notifying Live Well Sports that your copyrighted material has been infringed.

Live Well Sports does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Live Well Sports will respond by either taking down the allegedly infringing content or blocking access to it. Live Well Sports may contact the notice provider to request additional information. Under the DMCA, Live Well Sports is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send Live Well Sports a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Infringement Notification

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Live Well Sports’ Registered Agent (listed below) the following information in a written communication (preferably via email):

1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Live Well Stores to locate the material;
3. Information reasonably sufficient to permit Live Well Stores to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
4. The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;”
5. The following statement: "I swear, under penalty of perjury, that the information in this notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;" and
6. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Integration with Third Party Services

Live Well Sports allows User to use the Services combined with the PayPal website and app services. Live Well Sports is integrated with third parties, which may include but is not limited to Facebook and Twitter and their related services. If You are using Live Well Sports combined, integrated, or used with third party products, software applications, or websites (“Third Party Service[s]”), You agree that: (i) You may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of their Third Party Services; (ii) the functionality of Live Well Sports or the Service may be diminished when operating through a Third Party Service; (iii) Live Well Sports cannot guarantee that the Service shall always be available on or in connection with such Third Party Services.

Modifications

Live Well Stores reserves the right, at its sole discretion, to modify or replace any of these Terms, on the Website or App, by sending You notice through the Website or App, or via email. Live Well Stores may also impose limits on certain features and services or restrict access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms periodically for changes. You demonstrate acceptance of these Terms each time You use or make a purchase on our Website or App.

Termination

Live Well Stores may terminate, change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) or your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Service and related Content. Users may also terminate this agreement at any time. However, any obligations and liabilities made prior to termination of this agreement shall be strictly enforced.

Disclaimer

The items featured on the Website or App are provided “As Is” without warranties of any kind. Live Well Stores expressly disclaims any duty to update or revise. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Website, App, or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, USES THAT MAY INTERFERE WITH THE PROPERTY RIGHTS OF OTHERS, GENERAL ITEM MODIFICATION, MODIFYING ITEM IN ANY WAY THAT IS INHERENTLY DANGEROUS, USING ITEM FOR OTHER THAN ITS INTENDED PURPOSE, USING ITEM IN ANY MANNER THAT DEVIATES FROM THE PRODUCT INSTRUCTIONS, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

YOU UNDERSTAND THAT LIVEWELL STORES AND OUR SUPPLIERS WILL ALSO HAVE NO LIABILITY RELATING TO THE USE OF THIS SERVICE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER LOSSES, INTANGIBLE OR OTHERWISE RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE THE SERVICE; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; AND (3) ANY CONTENT, PRODUCT, OR SERVICE OBTAINED FROM THE SERVICE; WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, (4) ANY COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES OR ANY RELATIONS WHATSOEVER BETWEEN YOU AND ANY OTHER USER, PERSON OR ORGANIZATION; WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website or App are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website or App does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from the Website or App. By placing an order, You represent that the products ordered will be used only in a lawful manner.

Third Party Links

We are not responsible for any off-site pages or any other websites linked to or from our Website or App. Links appearing on our Website or App are for convenience only. Your linking to or from any off-site pages is at your own risk. We do not warrant the offerings of off-site pages or any other sites linked to or from our Services, nor do we assume any liability for the actions, content, products or services of such pages and websites, including, without limitation, their Privacy Policy and Terms of Use. Please review the Privacy Policy and Terms of Use of all off-site pages and websites You visit.

Indemnification

For any dispute You have with Live Well Sports, You agree to first contact Live Well Stores and attempt to resolve the dispute with us informally. You agree to defend, indemnify, and hold Live Well Stores, Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Services and/or your breach of any representation, warranty, or other provision of the Terms.

Dispute Resolution

To resolve a complaint regarding Live Well Stores, you should first contact our Customer Service Department through our support center at customerservice@livewellsports.com.

For any dispute you have with Live Well Stores, you agree to first contact Live Well Stores and attempt to resolve the dispute with us informally. In the unlikely event that Live Well Stores has not been able to resolve a dispute within 30 days, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof (collectively, "Claims"), by binding arbitration. Unless You and Live Well Stores decide otherwise, arbitration will be conducted in San Diego, California. The arbitration shall be conducted by the American Arbitration Association under its Consumer Arbitration Rules (a copy of which can be obtained here), or as otherwise mutually agreed by You and Live Well Stores. Claims shall be brought within the time required by applicable law. Each party will be responsible for paying any filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service. TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LIVE WELL STORES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Force Majeure

We shall not be in default by reason of any failure in performance of these Term if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control or foreseeability of such party, including but not limited to, default by subcontractors or supplies, acts of God or of the public enemy, terrorism, U.S. or foreign government acts in either a sovereign or contractual capacity, labor, fire, flood, epidemic, restrictions, strikes, freight embargoes, and/ or banking and financial institution interruption.

Governing Law

These Terms are governed by the laws of the State of California, without regard to any conflict of laws rules or principles. The parties to these Terms each specifically consent to jurisdiction in California in connection with any dispute between the parties arising out of this Agreement or pertaining to the subject matter hereof. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.